IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 2081 of 2008 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE S.V. PINTO =========================================================

1	Whether Reporters of Local Papers may be allowed to see the judgment ?	Yes
2	To be referred to the Reporter or not ?	Yes
3	Whether their Lordships wish to see the fair copy of the judgment ?	No
4	Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder ?	No

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STATE OF GUJARAT Versus PRITESH MULJIBHAI AMIN =========================================================

Appearance:

MS. JIRGA JHAVERI, APP for the Appellant(s) No. 1 RULE SERVED for the Opponent(s)/Respondent(s) No. 1 =========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 01/08/2024 ORAL JUDGMENT

1. This appeal has been filed by the appellant State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned Special Judge, ACB, Court No. 4, Ahmedabad (hereinafter referred to as "the learned Trial Court") in Special Case No. 16/2002 on 01.04.2008, whereby, the learned Trial Court has extended the benefit of doubt and acquitted the respondent for the offence punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (hereafter referred to as "the PC Act"

for short)

The respondent is hereinafter referred to as the accused as he stood in the original case for the sake of convenience, clarity and brevity.

2. The brief facts that emerge from the record of the case are as under:

2.1 That in the year 1998-99, the accused was working as a Mamlatdar in Sanand Taluka, District Ahmedabad and was a public servant. That the complainant - Ramanbhai, Becharbhai Makwana was a resident of Dani Limda, Ahmedabad and his father Becharbhai Parmabhai Makwana was the owner of land bearing block nos. 187 and 190 situated in village Sachna, Taluka Sanand. That his father expired on 21.08.1997 and his mother Jadiben, his brother Narendrakumar, Chandubhai, Vijaykumar and sisters Savitaben and Vimlaben and he were the legal heirs and their names were entered in the revenue records vide mutation entry no. 5740. That Amrutbhai Matambhai was his neighbour and an injuction suit was filed by Amrutbhai Matambhai against his father and the names of Amrutbhai Matambhai and two others were entered in the revenue record of the land of his father illegally. That he met the accused on 21.09.1998 for getting his name entered in the revenue record on the basis of a Will but for a long time, no procedure was done by the accused. That on 08.10.1998, he met the accused in his office and at that time, the accused demanded an amount of Rs. 1 lakh. That the complainant did not have the huge amount and told the accused that he would pay the amount slowly and on 26.10.1998, he met the accused and gave him Rs. 25,000/- and the accused demanded the remaining amount at the earliest. That once again he met the accused on 30.10.1998 where the amount was demanded from him and the accused had told him to give the amount on the next day evening at his residence which was opposite the common plot, opposite Jivraj Park Mehta Hospital. That the complainant did not want to give the amount of illegal gratification and hence, went to the ACB Police Station on 31.10.1998 and filed the complaint under Sections 7, 13(1)(d) and 13(2) of the PC Act which was registered at C.R. No. 21/1998.

2.2 The Trap Laying Officer called the panch witnesses and the panch witnesses were introduced to the complainant and Police Inspector – H.K. Patel, ACB Police Station, Ahmedabad gave Rs. 75,000/- which were 150 currency notes of the denomination of Rs. 500/- each to Police Constable – Baldevbhai Trikambhai Pandya and the demonstration of anthracene powder a

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